MAHESH NATUBHAI GAMIT Vs. CHHAGANBHAI RESHIABHAI

JUDGEMENT

(1.) The present second appeal is filed under Sec. 100 of the Code of Civil Procedure (for short, The code) challenges the judgment and decree passed by the Principal District Judge, Navsari in Regular Civil Appeal No. 47 of 1996, by which order dated 21. 09.2004, the appeal was allowed and the judgment and decree passed in Regular Civil Suit No. 13 of 1988 by the learned Civil Judge, Junior Division, Vansda dtd. 29/2/1996, was reversed and consequently the suit was dismissed.

(2.) The subject matter of the present Second Appeal arises from the judgment and decree dtd. 21/9/2004 passed by the learned District Judge, Navsari, in Regular Civil Appeal No. 47 of 1996, whereby the learned Appellate Court reversed the findings of the Trial Court and dismissed the suit of the present appellants. The litigation concerns the validity of a Will dtd. 15/4/1986 allegedly executed by one Reshiabhai, who was the grandfather of appellant Nos. 1 to 4 and father-in-law of appellant No. 5.

(3.) The parties are relegated to their original status as obtaining before the learned Trial Court.